Direct Dial 410951 1407 GALLAGHER EVELIUS JONES wcoe@geilaw com October 15, 2020 Matthew Sherring Re' Legislative Policy Committee Joint Committee on Fair Practices and State Personnel Oversight Investigation Dear Mr Sherring' Gallagher Evelius Jones LLP represents the Legislative Policy Committee and Joint Committee on Fair Practices and State Personnel Oversight related to their investigation of personnel and board practices at the Maryland Environmental Service Please find enclosed a subpoena for you to appear and produce documents before the committees 1 would like to discuss the timing ofyour appearance and production at your or your attorney's convenience Thank you for your cooperation Very truly yours, Ward Coe, BC Enclosure 215 North Charles Street Suite 400 MD 21201 410 727 7702 410 Asa 2786 SUBPOENA BY AUTHORITY OF THE GENERAL ASSEMBLY OF THE STATE OF MARYLAND To Matthew Sherring You are hereby commanded to be and appear before the Joint Committee on Fair Practices and State Personnel Oversight of the Maryland General Assembly at the place, date, and time specified below. X to testify touching matters of inquiry committed to the Joint Committee; and you are not to depart without leave of the Joint Committee. Place of testimony: Remote Hearing – Hearing log-in instructions forthcoming Date: October 29, 2020 Time: 1:00 pm X to produce the things identified on the attached schedule touching matters of inquiry committed to the Joint Committee on Fair Practices and State Personnel Oversight. Place of Production: Joint Committee on Fair Practices & State Personnel Oversight c/o Department of Legislative Services, Legislative Services Building, 90 State Circle, Annapolis, MD 21401 Date: October 23, 2020 Time: 9:00 am Given under my hand, by authority vested in me by the Committee, on this 15th day of October, 2020. _________________________________ Co-Chair, Legislative Policy Committee _________________________________ Co-Chair, Legislative Policy Committee SCHEDULE A Definitions and Instructions For purposes of the Documents Requested below, the following definitions and instructions apply: A. The term “document” means any original and all copies of any written, printed, typed, photocopied, photographic, reproduced material, or electronically stored information, including but not limited to any writing, drawing, graph, chart, photograph, sound recording, image, other data, or data compilation stored in any medium from which information can be obtained; all reports, contracts, diaries, e-mails, text messages, social media posts or messages (e.g., Facebook, blogs), facsimiles, calendars, statements, affidavits, desk pads, correspondence, communications, telegrams, teletypes, memoranda, notes, bills, work papers, journals, studies, films, slides, magnetic and electronic recordings, lists, minutes and entries in books, and other data compilation from which information can be obtained and translated, if necessary, through detection devices into reasonably usable form. The term “document” includes any and all drafts of any such document. The term “document” includes email communications to, from, or copying Mr. Sherring’s government-issued email addresses and any personal/non-governmental email addresses Mr. Sherring utilized during the period covered by these requests. B. The term “communication” means the transmittal of information (in the form of facts, ideas, records, inquiries or otherwise) by any method, including electronically. The term includes any manner or form of information or message transmission however produced or reproduced, whether by correspondence, memorandum or other document, orally or otherwise, that is made, distributed or circulated between or among persons or data storage or processing units, in any way, either directly or indirectly. The term includes any conversation, discussion, meeting, conference, or any other oral statement. C. The term “MES” means the Maryland Environmental Service. D. The terms “relate,” “related,” and “relating to” mean comprising, concerning, constituting, containing, describing, disclosing, discussing, embodying, explaining, identifying, pertaining to, reflecting, setting forth, showing, stating, or summarizing. E. The term “concerning” means referred to, alluded to, related to, connected with, commencing on, in respect of, about, regarding, discussing, showing, describing, in support of, in substitution of, reflecting or analyzing. F. “All” means “any and all”; “any” means “any and all.” G. “And” and “or” encompass both “and” and “or.” H. “Including” means “including but not limited to.” 1 I. The present tense includes the past and future tenses. The singular includes the plural, and the plural includes the singular. J. If requested documents are maintained in a file, the file folder is included in the request for production of those documents. Electronically stored information should be produced as PDF or single page TIFF files, OCR text files with load files (DAT) with coding / metadata. K. Unless otherwise indicated, Documents Requested refer to and request production of documents, information, or objects for the time period January 1, 2017 to the present date. Documents Requested 1. All documents and communications related to an executive severance payment to Roy McGrath upon his departure from MES. 2. All documents containing communications with Governor Hogan and any member of the Governor’s staff from March 1, 2020 to present concerning Mr. McGrath’s departure from MES and Mr. McGrath’s transition to his new position as Chief of Staff to the Governor. 3. All documents containing communications with Governor Hogan or any current or former member of the Governor’s staff relating to compensation and expense reimbursements for Mr. Sherring as Director of Operations of MES (or in any other positon at MES) or Mr. McGrath as Director of MES. 4. All documents containing communications with members of the MES Board of Directors relating to compensation and expense reimbursements for Mr. Sherring as Director of Operations of MES (or in any other positon at MES) or Mr. McGrath as Director of MES. 5. All documents containing communications with MES staff relating to compensation and expense reimbursements for Mr. Sherring as Director of Operations of MES (or in any other positon at MES) or Mr. McGrath as Director of MES. 6. All documents and communications related to MES Board of Directors meetings or MES Board of Directors committee meetings held in May, June, and July 2020. 7. All documents and communications related to the MES press release dated August 15, 2020 concerning an executive severance payment issued to Mr. McGrath, including any revisions of drafts of that press release. 8. All documents and communications related to severance payments issued to Jim Harkins and John O’Neill upon their departures from MES. 9. All documents and communications related to MES policies and procedures for severance payments. 2 10. All documents containing communications with Mr. McGrath during the period that Mr. McGrath served as Chief of Staff to Governor Hogan. 11. All documents and communications related to expense reimbursement requests submitted by Mr. Sherring during his employment at MES, including any documents providing the bases/justifications for any such expense reimbursement requests by Mr. Sherring. 12. All documents and communications related to expense reimbursement requests Mr. Sherring submitted on behalf of Mr. McGrath as Director of MES. 13. All documents and communications explaining or otherwise articulating MES’s policies and procedures for approving expense reimbursement requests. 14. All documents and communications explaining or otherwise articulating MES’s policies and procedures for issuing executive incentive payments. 15. All documents and communications explaining or otherwise articulating the purposes for which MES engaged media relations or public relations firms. 16. All documents and communications in which Mr. Sherring directed MES staff/employees to withhold information regarding expenses from Beth Wojton or any other MES staff/employee. 17. All documents and communications related to expenditures for the Environmental Business Leadership Conference, including any communications with or about Beth Wojton. 18. All documents and communications related to Mr. Sherring’s international or outof-state business travel with Mr. McGrath during Mr. Sherring’s employment at MES. 19. All documents and communications related to MES’s hiring of Mr. Sherring. 20. All documents and communications related to MES’s creation of the Director of Operations position, including documents stating the responsibilities, qualifications, and salary for that position. 21. All documents and communications related to Mr. Sherring’s departure from MES, including documents explaining or articulating the reasons for Mr. Sherring’s departure from MES. 22. All documents containing communications with Beth Wojton from May 25, 2020 to May 28, 2020. 23. All documents and communications reflecting Mr. Sherring’s experience with environmental programs and policies prior to his employment with MES. 3